Senate Bill sb2492c1

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    Florida Senate - 2007                           CS for SB 2492

    By the Committee on Higher Education; and Senator Haridopolos





    589-2566-07

  1                      A bill to be entitled

  2         An act relating to the affordability of

  3         textbooks; creating s. 1004.09, F.S.;

  4         prohibiting certain actions by employees of a

  5         state university or community college relating

  6         to the purchase of required textbooks by

  7         students; requiring that community colleges and

  8         state universities notify students of the

  9         textbooks required for each course by listing

10         such textbooks on the community college or

11         university website; requiring the adoption of

12         certain policies and practices designed to

13         minimize the cost of textbooks; requiring such

14         policies and procedures to include limited

15         exceptions for notification requirements;

16         requiring that the Office of Program Policy

17         Analysis and Government Accountability conduct

18         a study of the costs of college textbooks and

19         the practices of public postsecondary

20         institutions regarding the purchase of

21         textbooks; requiring the office to conduct a

22         survey of students enrolled in such

23         institutions; requiring that the office review

24         certain information when conducting the study;

25         requiring the office to submit a final report

26         on the results of the study, including

27         recommendations, to the President of the Senate

28         and the Speaker of the House of Representatives

29         on or before December 1, 2007; providing an

30         effective date.

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    Florida Senate - 2007                           CS for SB 2492
    589-2566-07




 1         WHEREAS, textbooks are an essential part of a

 2  comprehensive and high-quality postsecondary education, and

 3         WHEREAS, the availability and affordability of

 4  textbooks directly affect the quality and affordability of

 5  postsecondary education, and

 6         WHEREAS, the United States Government Accountability

 7  Office recently reported that in the last two decades, college

 8  textbook prices have increased at twice the rate of inflation,

 9  and

10         WHEREAS, the United States Government Accountability

11  Office reported that, while many factors affect textbook

12  pricing, the increasing costs associated with developing

13  instructional supplements that accompany textbooks best

14  explain price increases in recent years, and

15         WHEREAS, the United States Government Accountability

16  Office reported that prices of college textbooks in the United

17  States may exceed prices in other countries because prices

18  reflect market conditions found in each country, such as the

19  willingness and ability of students to purchase the textbooks,

20  and

21         WHEREAS, the cost of textbooks is one component

22  considered in making federal and state-funded financial aid

23  awards, and as such, escalating textbook prices can affect

24  federal and state spending, and

25         WHEREAS, state universities and community colleges

26  should consider the least costly practices in assigning

27  textbooks when such practices are educationally sound, NOW,

28  THEREFORE,

29  

30  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2007                           CS for SB 2492
    589-2566-07




 1         Section 1.  Section 1004.09, Florida Statutes, is

 2  created to read:

 3         1004.09  Affordability of textbooks.--

 4         (1)  An employee of a community college or state

 5  university may not demand or receive any payment, loan,

 6  subscription, advance, deposit of money, service, or anything

 7  of value, present or promised, as an inducement for requiring

 8  students to purchase a specific textbook for coursework or

 9  instruction. However, an employee may receive:

10         (a)  Sample copies, instructor copies, or instructional

11  materials. These materials may not be sold.

12         (b)  Royalties or other compensation from sales of

13  textbooks that include the instructor's own writing or work.

14         (2)  Community colleges and state universities shall

15  post on their website, as early as is feasible but not less

16  than 30 days prior to the first day of class for each term, a

17  list of each textbook assigned for each course offered at the

18  institution during the upcoming term. The posted list shall

19  include the International Standard Book Number (ISBN) for each

20  textbook along with other relevant information necessary to

21  identify the specific textbook or textbooks required for each

22  course. The State Board of Education and the Board of

23  Governors shall include in the policies, procedures, and

24  guidelines adopted under subsection (3) certain limited

25  exceptions to this notification requirement for classes added

26  after the notification deadline.

27         (3)  On or before March 1, 2008, the State Board of

28  Education and the Board of Governors each shall adopt

29  policies, procedures, and guidelines for implementation by

30  community colleges and state universities, respectively, to

31  minimize the cost of textbooks for students attending such

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    Florida Senate - 2007                           CS for SB 2492
    589-2566-07




 1  institutions while maintaining the quality of education and

 2  academic freedom of each student and institution. The

 3  policies, procedures, and guidelines shall provide for the

 4  following:

 5         (a)  That textbook adoptions be made with sufficient

 6  lead time to bookstores to allow information of the

 7  availability of requested materials and, where possible,

 8  ensure maximum availability of used books.

 9         (b)  That, in the textbook-adoption process, the intent

10  to use all items ordered, particularly each individual item

11  sold as part of a bundled package, is confirmed by the course

12  instructor or the academic department offering the course

13  before the adoption is finalized.

14         (c)  That a course instructor or the academic

15  department offering the course confirms, before a textbook is

16  adopted, that the selection of a new edition of a textbook is

17  based on a determination by the academic department offering

18  the course that the new edition differs significantly and

19  substantively from earlier versions.

20         (d)  That required textbooks be made available to

21  students unable to afford the cost.

22         Section 2.  (1)  The Office of Program Policy Analysis

23  and Government Accountability shall conduct a study of the

24  rising costs of college textbooks and textbook-purchasing

25  practices of public postsecondary educational institutions in

26  the state. When conducting the study, the Office of Program

27  Policy Analysis and Government Accountability shall:

28         (a)  Conduct a sample survey of students in community

29  colleges and state universities regarding the costs of

30  textbooks each semester.

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    Florida Senate - 2007                           CS for SB 2492
    589-2566-07




 1         (b)  Review and analyze the purchasing policies

 2  regarding textbooks by community colleges and state

 3  universities to develop the best possible practices for future

 4  purchases of textbooks.

 5         (c)  Review policies and practices being considered

 6  previously implemented by institutions of higher education in

 7  this state and other states to reduce the financial burden of

 8  the cost of textbooks to students and their families,

 9  including, but not limited to, use of used textbooks, rental

10  textbook systems, digital textbook subscriptions,

11  textbook-financing programs, faculty education, and standard

12  procedures for institutions and college bookstores.

13         (2)  A final report, including recommendations, shall

14  be submitted to the President of the Senate and the Speaker of

15  the House of Representatives on or before December 1, 2007.

16         Section 3.  This act shall take effect July 1, 2007.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 2492

20                                 

21  This committee substitute removes the sales tax exemption from
    textbooks required for postsecondary courses; and increases
22  the number of days of internet notice required, from 15 to 30
    days before the first day of class, for textbooks assigned to
23  specific courses.

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